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HomeMy WebLinkAboutPW CNT 85-07/Fluor Bros Construction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 8th day of March, 1985, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and FLUOR BROS. CONSTRUCTION CO. of 203 Otter Ave., P. 0. Box 2326, Oshkosh, WI 54901, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I . SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: (South Main Street sewage pumping station) Public Works Contract No. 85-07, for Public Works Dept., pursuant to Resolution #12 adopted by the Common Council of the City of Oshkosh on 7th day of March, 1985 „ all in accordance and in strict compliance with the Contractor's proposal and the other contract documens referred to in ARTICLE V of this contract. ARTICLE II . TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III . PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $887,050.00, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on 1 a "Unit Price" basis, the above mentioned figure is an estimated for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments . In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents, employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. ARTICLE V. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1 . General Conditions 2 . Advertisement for Bids 3 . Instructions to Bidders 4 . Specifications, including any addenda 5. Plans 6 . Contractor 's Proposal 7 . This Instrument In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumer- ated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- scribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written . In the Presence of: CONTRACTOR FLUOR BROS. CONSTRUCTION CO. By:`�/ L.94 /61/- (Seal of Contractor President if a Corporation ) (Specify Title) By: Vice-President (Specify Title) CITY OF OSHKOSH AO By: , A. t' _ I� By: ( 'i 4.ss) William D. Frueh, City Manager '-C And: (W ess) Donna C.Serwas, City Clerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under theme within contract. Edward A. Nokes, City Comptroller Approvd as to m: la Warren P. Kraft, Asst, City Attorney 3 4- Change Order No. 2 December 18, 1986 Contract No. 85-07 Owner: City of Oshkosh Contractor: Fluor Bros. Construction Co. Inc. Engineer: Howard Needles Tammen & Bergendoff _______ Contract No. 85-07, SOUTH MAIN ST. PUMPING STATION, is hereby amended and changed as follows: (See Attached Item Descriptions) Item No. 1 Add $664. 87 Item No. 2 Add $242. 13 Item No' 3 Add $309. 44 Item No. 4 Add $75. 61 Item No. 5 Add $63. 96 Item No. 6 Add $130. 18 Item No. 7 Add $467. 25 Item No. 8 Add $108. 06 Item No. 9 Add $229. 82 Item No. 10 Add $545. 72 Item No. 11 Add $483. 09 Item No. 12 Add $1, 219. 49 Item No. 13 Add $299. 40 Total Items No. 1 - 13 $4, 839. 02 Original Amount of Contract $887, 050. 00 Total Amount of Previous Change Orders to Date $16, 872. 00 ____________ Previous Adjusted Contract Amount , $903, 922. 00 Change Order No. 2 Amount $4, 839. 02 Total Amount of Current Contract Including C. O. No. 2 $908, 761. 02 RECOMMENDED: ____ By: "x � ��^"r u/ ruuuc Works City Manager / /0 l -~~ -- h^------- -=�'--�----- City Clerk Howard 4«eedles Tammen & ' a�gendoff ,'^�1 =__��_ =-_____. Approved and Accepted Fluor Bros. Constr. Co. Inc. I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. Approved As TJ ' or n: Comptroller ~ \ _�+���/V(\/ -_ City Attorney South Main St. Pump Station - Change Order No. 2 Item No. 1 : Extension of both bubbler tubes on each bar screen unit so that the invert of each tube is four inches above the influent channel bottom The tubes were originally installed with the ends of the tubes ^ approximately 1' 6" above the influent channel bottom. Extension of the tubes is required so that the bubbler system will function during normal flows. Normal flows result in a depth of less than 1 foot thru each influent channel when both channels are utilized. The total cost of this change is $664. 87. Item No. 2: Reinstallation of the light switch in the screenings collection room from the west side of the double door to the east side of the double door. The change was made for safety considerations as the switch is more accessible on the east side of the double door entrance. The total cost of this change is $242. 13. Item No. 3: Addition of an "on/off" switch for the "reel-lite" in the pump removal area. The switch is necessary for convenient light operation. The original "on/off" switch was via the MCC in the equipment room. The total cost of this change is $309. 44. Item No. 4: Furnishing and installation of a new switch on the MCC for each of the four wet weather pumps so that the switch "spring returns" from the "test" to the "off" position. The original specified switch could be left in the "test" position. This was not desired as an operator error could allow a pump to run dry for an indefinite period of time. The total cost of this change is $75. 61. Item No. 5: Relocation of the upper assembly of the transducer unit in the equipment room in lieu of the specified pump removal room in order to locate the upper assembly in an area which is non-hazardous. The upper assembly was not explosion-proof and required installation out of the pump removal area. The total cost of this change is $63. 96. Item No. 6: Furnishing and installation of a sign at each of the six hose bib locations which states as follows: "This water is unsafe and is not to be used for human consumption". The sign installation at each hose bib location is a code requirement. The total cost of this change is $130. 18. Page 2 South Main St. Pump Station Change Order Items (Continued) Item No. 7: Abandonment of anexisting storm sewer manhole and approximately 20 feet of existing storm sewer located beneath the new driveway on the south side of the South Main St. Pump Station. Proper abandonment of the manhole and sewer is necessary to prevent a possible future collapse of the new driveway above the manhole and sewer location. The total cost of this change is $467. 25. Item No. 8: Furnishing and installation of galvanized flashing over the exposed ends of the precast concrete panels at the location where the roof access ladder penetrates the ceiling in the equipment room. The original plans did not require any covering over the exposed insulation at the ends of the precast panels. The total cost of this change is $108. 06. Item No. 9: Furnishing and installation of two manhole steps to serve as "hand-holds" on the west wall of the equipment room above the piping gallery access ladder. The installation of the "hand-holds" is necessary to increase the safety for personnel during use of the piping gallery access ladder. The total cost of this change is $229. 82. Item No. 10: Furnishing and installation of a ladder extension on the south wall of the pump removal area above the ladder to the wet weather wet well. The installation of the ladder extension is necessary to increase the safety for personnel during use of the wet weather wet well access ladder. The total cost of this change is $545. 72. Item No. 11 : Install the "disconnect switch" and "hand/off/automatic" switch for each bar screen unit on the influent channel level in lieu of the originally specified screenings collections level. Installation of the switches on the influent channel level is necessary for an increase in operator safety. The total cost of this change is $483. 09. Item No. 12: Furnish and install insect screens at the air intake locations on all three supply fans and both make-up air units on the roof of the station. The insect screens are required because of the severe problem with lake flies clogging the filters on exposed ventilation equipment. The total cost of this change is $1, 219. 49. Item No. 13: Reinstallation of the light switch in the pump removal area from the east side of the double door to the west side of the double door. The change was made for safety considerations as the switch is more accessible on the west side of the double door entrance . The total cost of this change is $299. 40. - t'ST - '*1 CO L • N r.•. n q „ n• k • o f ^. n y•O o.....o.•i t.. ry ><..� n .•.^i-."- n K .J.^ Dew 14 er, • to S • • O P A i • S • w j Zi O J n .- q A 9 J ^•.E wO • =.0 —= J w• J O O F • - ^ p • p A • • C • - •W A w A n 0 e C a s 1 C J ..J p• C M O b e^O ^• -4 J ^ n V O S, F w L • N N" .. .. C n y o° p tr O • o x b • o B s n�•J b w o "" $' n A n—N• 7. �•e c c C• n • .v n n _� • r 0 J f, O`•• "" 2 a7 C 9 • O A O Y O . • ~b• x C B Y q n N O -u r G ^n 1^• J n 9 Y r J Oa F N P b . n 7» D O' •w W •_ .l !-• .V n n: b b e. w 4 p 8— - • b J. •• 111111 1 UR • go •$ A g O O 0 0 .' : e s O p Z N 3 n 0 {Oq A N 'Ill u r • '•0 °▪ ;s • –` r• in 5 a= Q C S O O p�0 0 0 u •.• n 1 E " A s • C > —j n • . N t Ooq n H I t t om� Z F • . . °: .rn o o x •i s. o a n • F L' N Y O n P •j 1 , •= w, O O •■ • - • g .g --- C ,. w w Z • c- n k N 2 i ✓ r • w N 9 P p M e• c�c r • g g g OO O Y 11111 O 8 ---8 + I r i C 11 v n O r `� D y • c A o o u 3r I ■ I. ZT # UoT4nTosau I / 1 } 1 . ! V 1 x ;. ESE# 4 3/26/85 y T. ,!.: ,A-..:7,-, c,A P:.:'; 3 O NYOR I'Cf.l OE.,..- oN C=`VEERS Agency, Inc 's' F ' P' N v i.3E H s IC,A E =` ., EH FI TE 1G.:5 NOT AMEND, The McCI one A g y, r...,:., T. 1 At ITC.t rhe <, , E.,rT ,E ., +E"EC c ; rvE c'T)' CIE. BELOW 59 Racine Street - Menasha, Wisconsin 54952 COMPANIES AFFORDING COVERAGE L TTFOv A Heritage Insurance • COMPANY rs ED INSURED LETTER Fluor Bros. Construction Co. COMPANY LETTER + ,` 203 Otter Avenue .fi P.O. Box 2326 oMP,N, 0 _-- -- ,fE Oshkosh, Wisconsin 54903 LET--ER — ,; ,-O ,ANY c &r;, LET rr. ?, 3t, ■ .COVERA =S , THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN!SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. - NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY !e BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS.AND CONDI- TIONS OF SUCH POLICIES Y 3 N THOUSANDS r,+ (. M1,SLIhA+UCCF --- -:c.i E 7, } GENERAL LIABILITY ` ` A _ 234750 10/31/84 10/31/85 '_` !$ $ �,e AGM t� >!bE F�'JRM ' I PRE"NS S OPERATIONS paRpv r — •z' ti UNDERGROUND DAMAGE a�'" i � EXPLOSION & C'I AP:E HAZARD � � _-- __-- fi PROL UI ClOM ET[D OPERATONS k CON FLAG,rUA. Ji n PD ' [,�F�R �E $ 500 IS 500 ��< NDENi D._N CONTRACTOR' • , E4,,, BROAD PROPER CAAG f s` + E j o ` PERSONAL ir, uRV 500 AUTOMOBILE LIABILITY ` At :OP AUTO 234750 10/31/84 : 10/31/85 nso; '$ �r — ... E11-1.; INFO AUTOS (PR1V PASS L - j "; r CTHEn H.AN �ALL , JNED AWOL-)( �') �, $ PRIG PATS _j HIRED AUTOS v-y PROPERTY X NON IANFD ALP OS nAMAGE i$ r 1 3.ARACE LIABIL!„ �..--- ------- - i,, —� E, P' COMBINED $ 500 - ---- — -------- -- — ----------- .-.- --- -j EXCESS LIABILITY 10/31/85,b n UMB' A ,FORM 1 234750 10/31/84 E 8 Pc, �,:sEI:E:.)1$ 5,000 $ 5,000 DTHFR THAN UMBRELLA FORM I ----------- --------- - -------- STATUTORY A WORKERS' COMPENSATION 234750 10/31/84 10/31/85 - $ -100 ,EACH AraDFN- AND ---- . $ �.:::'.''''' EMPLOYERS' LIABILITY `wU ID'FFASE PC+�I�r I.N i $ COQ L''SFASE EACH MP {E OTHER I • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Project Number: 85-07 South Main Street Pumping Station, Oshkosh, Wisconsin ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-City of Oshkosh PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO "!;' Oshkosh < MAIL 1 n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BU-FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY R' Wisconsin 54901 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. _ _ E AUTHOt ZED REPRESENTATIVE ?, 00,,. "ACORD 25(8184) �,° - t C ',,-• ,vas 'r. •:vi= ---r^^�-�•- . : 4 N is Y E��EUTYgO it - 1," '- UNTIED S TATIES IF]ID-1L1 ,-,''•- IJAIR,A\TY COMPANY r . ' a«d g; (A Stbc oiay) ;j, PERFORMANCE BOND .?''' Approved by The American Institute of Architects '_) A. I.A. Document No.A-311 (February 1970 Edition) –_i 1[,,,,I BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: `J That FLUOR BROS . CONSTRUCTION CO. - ,1 203 Otter Ave. , P .O. Box 2326 , Oshkosh, WI as Principal, :: hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws , ii5ti of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto 1 i:,-:::,1 :, City of Oshkosh, WI , as Obligee, hereinafter called Owner, in the amount of Eight Hundred Eighty Seven Thousand ; _=: � Fifty and No/100 Dollars ($ 887 ,050 .00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and ,-, severally, firmly by these presents. !,-._ 3/8 ;:1. ,-1 WHEREAS„ Contractor has by written agreement dated 19 8 5, entered into a contract with Owner for =a -a South Main Street Sewage Pumping Station, Cont. 85-07 _, F in accordance with drawings and specifications prepared by "'= =?=) (Here i^sert full name, title and address) 1I ttz,': , which contract is by reference made a part .Ai hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform p.ii "=1 said Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect. k '=°'I The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the low- ',;1( f_.7.11 est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a �'-'I l"'i succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of ; completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable i hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall � ; I mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by .; Owner to Contractor. , -.-t, "' Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the ,;. 1 `:. Contract falls due. ' '1 No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or ;! ,:;'+� the heirs,executors, administrators or successors of the Owner. ',1 k Signed and sealed this 27th day of. March 19...8 5 i ; FLUOR BROS BROS . CONSTRUCTION CO . =,. In the prese e of: _—, I,'',±; ? I ' 8 ./ is... /1(.– (Seal) , (Witness) y President Principal ' UNITED ST' ES WEL TY D UARANTY C PANY :::'.t \"2:)(-4)./T /Jea ,1„/TIA,_, ,i • ' (Witness) By .I . ........... (Seal) W. 5 Contract 211 (2-70) ••".. • CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 83 837 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Steve W. Engelke of the City of Milwaukee , State of Wisconsin its true and lawful attorney yt><antlidtXtteei eYXgfl( for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Steve W. Engelke may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 8th day of June , A. D. 19 73 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Charles B. Watson Vice-President. (SEAL) (Signed) H. H. Bland, Jr. Assistant Secretary. STATE OF MARYLAND, BALTIMORE CITY, )} ss: On this 8th day of June , A. D. 19 73 before me personally came Charles B. '.5'atson ,Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and R. H.. Bland,1 an d, Jr. ,Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles B. Watson and R. H. Bland, Jr. were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July,A.D. 19.7.4..... (SEAL) (Signed) Herbert J. Aull Notary Public. STATE OF MARYLAND 1 BALTIMORE CITY, J} Set. I, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aul1 , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record,this 8th day of June , A. D. 19 73 (SEAL) (Signed) Robert H. Bouse Clerk of the Superior Court of Baltimore City. FS 3 (9-67) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact,or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations,orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, Theodore G . Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Steve W. Engelke Milwaukee , Wisconsin him of , authorizing and empowering to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) 3/27/85 Assistant Secretary. J 1414 y, P,4,1�'' k, - Mr y. w, �:x.,,.� .�i-,?.,,s.,,,_., �... s. „..,: ..v rs�:,� SZ .,....,'Sty;.... r� -�k: ts. . .._.-.,�.._�. - ,.. .... ... . . ...,, y VpELITY4 `:4 UNITED STATES FIDEEI -4,N T; �`I��4 UARANTY COMPANY , 9• 7 I:? (A Stock Company) -- LABOR AND MATERIAL PAYMENT BOND �,,, oi Approved by The American Institute of Architects ?i A. I.A. Document No. A-311 (February 1970 Edition) Sri KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER ;;3 That FLUOR..BROS....CO.NSTRUCTTON..CO.. 203 Otter. Ave . , P .O, Box 2326, Oshkosh, WI as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto __' "' Ci.ty...af..Oshkosh, WT ;� as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Eight Hundred :I i.- Eigh.ty...S.even..Thousand. Fif.ty..and..No%10.0 Dollars(� 887 ,0 50 .00 ) 3 .L-. for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and ' - ,__ severally,firmly by these presents. i.: WHEREAS,Principal has by written agreement dated 3/8 19 85 entered into a contract with Owner for -''I South Main Street Sewage Pumping Station, Cont. 85-07 == sa `i in accordance with drawings and specifications prepared by ;_:il (Here insert full name,title and address) 11 f1 which contract is by reference made a part ``: F-,,, hereof, and is hereinafter referred to as the Contract- .•: E, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this i•.1I' obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: :, 1..`-' (1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, l''':? or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that r:.''' part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above-named Principal and Surety hereb y jointly and severally agree with the Owner that ever y claimant as herein defined, who '-j, has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's I- II I work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such ', claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The 1 , Owner shall not be liable for the payment of any costs or expenses of any such suit. i.-,, . ; (3) No suit or action shall be commenced hereunder by any claimant, ; (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the .`• following: The Principal, the Owner, or the Surety above named, within ninety(90) days after such claimant did or performed the _J last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy 1 :',1 r(:.5.°'I the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or P- performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ( _� `` addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, I 'I . or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that l', I such service need not be made by a public officer. ' (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, '"_ however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation ,; shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. '" (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Ir-= ' project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated,and not elsewhere. I; "III (4) The amount of this bond shall be reduced by and to the extent of any �i y y payment or payments made in good faith hereunder, inclusive I of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the ,::j� .; amount of such lien be presented under and against this bond. j Signed and sealed this 27th day of March 19 8 5 =1 FLUOR BROS . CONSTRUCTION CO. 1..::: ; 3-7 �y 7 , t � �ti / S B (Seal) (witness) President Principal �'` Ur D STATES F DE Y AND ARANTY COMPANY �? ` ,c t )CC 11 B By (Seal)(Witness) t. e n a t This band is issued simultaneously with performance bond in favor of the Owner conditi ed on the full and faithful performance of the Contract. �II Contract 211-A (2-70) 0 : CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 838 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Steve W. Engelke of the City of Milwaukee , State of Wisconsin its true and lawful attorney :frio Atliart@E XXitS1K for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Steve W. Engelke may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 8th day of June , A. D. 19 73 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Charles B. Watson Vice-President. (SEAL) (Signed) R. H. Bland, Jr. Assistant Secretary. STATE OF MARYLAND, BALTIMORE CITY, )} ss: On this 8th day of June , A. D. 19 73 before me personally came Charles B. Watson R. Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and R. H.. Bland,13nd, Jr. ,Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles B. Watson and R. H. Bland, Jr. were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July,A.D. 19.74..... (SEAL) (Signed) Herbert J. Null Notary Public. STATE OF MARYLAND 1 BALTIMORE CITY, 1} Sct. I, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Au11 , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 8th day of June , A. D. 19 73 (SEAL) (Signed) Robert H. Bouse Clerk of the Superior Court of Baltimore City. FS 3 (9-67) • COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its V:ice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizance', obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland,or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Steve W. Engelke Milwaukee , Wisconsin him of , authorizing and empowering to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. ht Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) 3/27/85 Assistant Secretary.